Human Resources

Staying and/or working in Luxembourg for more than 90 days as an EU citizen

All European Union (EU)citizens, as well as members of their family (who are also EU citizens) enjoy freedom of movement within the EU, giving them the right to work and reside in any EU Member State, subject to certain conditions.

Nationals of the other Contracting Parties of the European Economic Area Agreement (Norway, Iceland and Liechtenstein) and the Swiss Confederation are treated as EU citizens.

EU citizens have the right to reside in another Member State if they are:

employees;

self-employed workers;

non-working persons with proof of sufficient financial means of subsistence;

students registered in approved public or private education establishments in Luxembourg;

family members (who are also EU citizens) of an EU citizen.

The following are considered as "family members":

the spouse;

the registered partner;

the direct descendants (sons or daughters) of the EU citizen or their spouse/partner if the child is under 21 or is under their care;

the direct ascendants (father or mother) if they are under the care of the EU citizen or their spouse/partner;

any other family member if:

in their country of origin, they were under the care or were a member of the household of the EU citizen with the right to reside; or

the EU citizen is obliged to personally take care of the family member in question due to serious health problems;

the non-registered partner (free union) with whom the EU citizen has a duly demonstrated long-term relationship. These partners cannot be linked to another person through marriage, declared partnership or long-term relationship. The long-term nature of the relationship is assessed according to the strength, the duration and the stability of the relationbetween the partners, including, in concrete terms:

an uninterrupted legal cohabitation for at least a year before coming to Luxembourg;

a common child for whom they share parental responsibility.

Any person claiming to be a dependent must provide proof that they have lived in the household of the person in question in the country of origin in the form of a certificate issued by the authorities of the country of origin, proof of financial support, i.e. proof of poverty in the country of origin, or proof of regular payments (bank transfers, agency transfers, etc. stating the name of the sender and the beneficiary) made to them by the person they wish to join in Luxembourg.

These transfers must have been made regularly over a period of at least six monthsbefore the family reunification request was submitted. The amounts to be taken into account must have been sufficient to cover the needs of the applicant in the country of origin.

If the national of an EU Member State or a country treated as such is a student, the family members that can join them are limited to:

the spouse/registered partner;

the children under their care.

Family members of Luxembourg nationals are
treated as family members of EU citizens.
Example: a Portuguese national married to a Luxembourg national has the right to reside in Luxembourg as a family member and must complete a family member registration form (unless they meet the conditions for another category, such as salaried worker).

Prerequisites

EU citizens are entitled to reside in Luxembourg for more than 3 months if they meet one of the following conditions:

they work as a salaried employee or are self-employed;

they have the resources required to ensure that they or their family members are not dependent on the social welfare system, and also hold medical insurance;

they are registered with an approved public or private education institution in Luxembourg, with a view to attending a full-time educational course or, in this context, a professional training course. In this case, they must also be able to demonstrate that they have the resources required to ensure that they or their family members are not dependent on the social welfare system, and also hold medical insurance.

Nationals of an EU Member State or a country treated as such must, when planning their journey, hold a valid national identity card or passport.

The right to reside of an EU citizen and members of their family is conditional on them not becomingunreasonably dependent on the social welfare system. This dependency is currently assessed by considering criteria including the amount and duration of the non-contributory benefits paid, as well as the period of residency.

Preliminary steps

Non-registered partners (free union) must be able to prove the long-term nature of their relationship.

Gaining recognition of the existence of a long-term relationship is an initial step to be taken as part of the registration declaration for a family member of an EU citizen. Once the relationship has been recognised, the recognition must be enclosed with the EU citizen family member registration form.

Recognition of the existence of a long-term relationship must be requested from the Immigration Directorate at the Ministry of Foreign and European Affairs, stating the surname(s), first name(s) and exact address and enclosing the following:

a copy of the identity card/passport of both applicants;

proof that neither of the non-registered partners is related to another person by marriage, registered partnership or long-term relationship (civil status extract, certificate of celibacy, household composition certificate and/or residence certificate issued by the last country of residence);

proof of the long-term nature of the relationship:

in the case of a common child: proof that the partners share parental responsibility for the child (the child's birth certificate, proof that the partner provides financial support for the child, residence certificate and/or household composition certificate issued by the last country of residence); or

in the case of cohabitation: proof that the partners have been in uninterrupted lawful cohabitation for at least one year prior to the application (residence certificate and/or household composition certificate issued by the country in which they were in cohabitation) as well as proof that the partners were residing lawfully in their country of residence (residence permit issued by the country of residence concerned); or

alternatively: any proof demonstrating the long-term nature of the relationship.

Where necessary, a proxy.

Proxy: third-country nationals may mandate a third party (e.g. the future employer) to submit the application in their place. In this case, the proxy holder, with the exception of attorneys, must provide proof of their mandate in the form of a written power of attorney, duly dated and signed by the principal. The signature must be preceded by the handwritten note "bon pour procuration" (good for proxy).

The documents enclosed can be originals or copies.

If the documents are not drawn up in German, French or English, a certified true translation by a sworn translator must be enclosed.

Only complete applications will be processed.
Incomplete applications will be returned to the applicant.

If the long-term relationship is recognised, the person concerned will receive a letter of recognition from the Immigration Directorate of the Ministry of Foreign and European Affairs, which should be enclosed with the family member registration form.

How to proceed

Presentation

EU citizens wishing to stay for more than 90 days must declare their arrival and register at their new commune of residence.

If the various documents required by the commune are not in German, French or English, a certified true translation by a sworn translator must be attached.

Entering Luxembourg: declaration of arrival

Within 8 days of their arrival in Luxembourg, EU citizens must make a declaration of arrival at the administration of the commune where they intend to establish residence, and present:

a valid national identity card or passport;

a family record book or a certificate of marriage or partnership;

the children's birth certificates.

Following entry into the country: the registration certificate

Within 3 months fromarriving in Luxembourg, the EU national has to fill in a registration certificate. It must necessarily be completed at the communal administration of the place of residence.

The registration form must be accompanied by the documents corresponding to the relevant category:

for salaried workers:

a copy of their valid national identity card or passport;

an employment contract(permanent, fixed-term or interim) compliant with Luxembourg labour law, dated and signed by both parties, or a commitment to hire, dated and signed by the future employer;

A
secondary activity (less than 10 hours per week)
is not sufficient to receive an authorisation to stay for salaried worker.

for self-employed workers:

a copy of their valid national identity card or passport;

where applicable, a copy of their business permit or a copy of the letter from the Ministry of the Economy certifying that a business permit is not required for the activity carried out;

where applicable, a copy of the licence to practice a self-employed activity (doctor, physiotherapist, etc.);

where applicable, a service provider contract.

for non-working persons:

a copy of their valid national identity card or passport;

a declaration orproof of sufficient resources to avoid dependency on the social welfare system. Proof of sufficient resources may be documented by proof of an old-age or disability pension, a bank certificate, a certificate of support (accompanied with the last 3 salary slips of the person standing surety or a document certifying his monthly revenue), wages or benefits paid by another Member State, etc.;

proof that they and their families are affiliated to a health insurance scheme. This health insurance must cover all risks in Luxembourg (hospital costs, transport/ambulance, medical costs, etc.). The insurance may be taken out with a private insurance company and may also be taken out in another Member State.

Persons who receive a pension may only declare themselves as non-working persons if their pension is at least equal to the social inclusion income or at least EUR 500 if they do not need to pay for accommodation.

for students:

a copy of their valid national identity card or passport;

proof of registration with an approved public or private institution in Luxembourg;

a declaration or proof of sufficient resources to avoid dependency on the social welfare system. Students may provide any proof showing they have sufficient resources. An oral declaration is also permitted;

proof of affiliation to a health insurance scheme.

EU citizens who live in Luxembourg but study in a neighbouring country must apply for a
authorisation to stay as a non-working person.

for family members of EU citizens, themselves EU citizens:

a copy of their valid national identity card or passport;

a copy of the registration certificate of the EU citizen accompanied or joined;

then, depending on the case:

if they are the spouse or registered partner: a certificate of marriage or registered partnership, or family record book extract;

if they are a descendant: proof of the family relationship with the EU citizen they are accompanying or joining (e.g. birth certificate or family record book). If the descendant is over 21, proof the they are under the care of the person they are accompanying or joining (e.g. proof of financial support, proof of education of the descendant);

if they are an ascendant: proof of the family relationship with the EU citizen they are accompanying or joining (e.g. birth certificate or family record book) and proof that the ascendant is under the care of the person they are accompanying or joining (e.g. proof of financial support);

if they are a partner with whom the EU citizen has a duly recognised long-term relationship: proof of the existence of a long-term relationship with the EU citizen, duly recognised by the Minister responsible for immigration (to be requested using the specific form). Applications for children under the age of ten may be made in their absence by their legal representative.

When submitting their registration form, the applicant immediately receives a registration certificate on which their surname(s), first name(s), exact address, date of registration and registration certificate number are stated (no photo or indication of nationality). The registration certificate is valid for an unlimited period.

After having legally resided in Luxembourg for an uninterrupted period of 5 years, nationals of an EU Member State (or of a country treated as such) and members of their family who are also EU citizens (or of a country treated as such) have the permanent right to reside and may submit a permanent residence permit application to the Immigration Directorate of the Ministry of Foreign and European Affairs.

Withdrawal of the right to reside

EU citizens and members of their family keep their right to reside as long as they do not become unreasonably dependent on the social welfare system. This dependency is currently assessed by considering criteria including the amount and duration of the non-contributory benefits paid, as well as the period of residency.

A person in involuntary redundancy is still considered to be a worker and therefore benefits from equal treatment, including with regard to social aid. The benefits they receive are not considered to be benefits likely to constitute unreasonable dependency on the social welfare system.

EU citizens with a
permanent right to reside do not lose their right to reside if they use the social welfare system.

Withdrawal procedure

If the Immigration Directorate learns that the conditions of residence are not or are no longer met and the EU citizen is unreasonably dependent on the social welfare system, it will inform the person(s) concerned immediately. Those concerned then have one month to comment. The procedure will proceed in one of the following ways:

with a suspension of the withdrawal procedure for 3 to 9 months, in the event that the persons concerned present valid observations;

with the halting of the procedure as soon as the persons concerned once again meet the conditions for staying more than three months;

with a decision to withdraw the right to reside if the persons concerned are absent or do still not meet the legal conditions.

In the event that the withdrawal of the right to reside is due to unreasonable dependency on the social welfare system, the citizen will receive a notice to leave the country. This means that they no longer have the right to reside and therefore no longer enjoy the rights connected with legal residence. However, this does not mean the person will be deported.

EU citizens who have had their right to reside withdrawn may regain their right to reside at any time by once again meeting the conditions for staying more than 3 months.

Loss, theft or damage of the permit

In the event that the registration certificate is lost, stolen or damaged, a specific procedure must be followed.

To complete your application, the information about you collected from this form needs to be processed by the public administration concerned.

That information is kept by the administration in question for as long as it is required to achieve the purpose of the processing operation(s).

Your data will be shared with other public administrations that are necessary for the processing of your application. For details on which departments will have access to the data on this form, please contact the public administration you are filing your application with.

Under the terms of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have the right to access, rectify or, where applicable, remove any information relating to you. You are also entitled to withdraw your consent at any time.

Additionally, unless the processing of your personal data is compulsory, you may, with legitimate reasons, oppose the processing of such data.

If you wish to exercise these rights and/or obtain a record of the information held about you, please contact the administration in question using the contact details provided on the form. You are also entitled to file a claim with the National Commission for Data Protection (Commission nationale pour la protection des données), headquartered at 1, Avenue du Rock'n'Roll, L-4361 Esch-sur-Alzette.

By submitting your application, you agree that your personal data may be processed as part of the application process.